Aeronautical Frequency Notification for Non-cable MVPDs

Non-cable MVPDs planning to use the frequencies in the aeronautical radio communications or navigational frequency bands above the power threshold of 10¯4 Watts must notify the Commission by electronically filing FCC Form 321, titled "Aeronautical Frequency Notification," prior to commencing service on these frequencies. The operational requirements in the aeronautical bands are contained in 47 C.F.R 76.612

Non-cable MVPDs

A Non-cable MVPD is an MVPD that does not meet the legal definition of a cable television system. This usually means that the system does not cross public right of way in order to deliver video programming. Cable systems run by universities, hotels, apartment complexes and other multiple-unit communities, prisons, and office buildings and other facilities with in-house cable systems are examples of non-cable MVPDs. Direct broadcast satellite (DBS) operators and open video systems (OVS) are also non-cable MVPDs.

MVPDs Obligations and Rules

Because systems that operate in the aeronautical frequency bands have the potential to interfere with aeronautical communications and navigation, the collection of accurate information on systems that operate in these bands and the prevention of signal leakage on these systems are critical to protecting and promoting the safety and security of aircraft operations and the lives and property of those affected by these operations.

Aeronautical frequency notification applies to all multichannel video programming distributors (MVPDs). The purpose of the aeronautical frequency notification (AFN) is to provide accurate and updated information for systems that use the aeronautical frequencies.

Filing an AFN (Form 321) should be done using the COALS electronic filing system. Upon accepting the filing, COALS will generate a Non-cable Community ID (NCID) for your system. This NCID will represent your system and has to be used for all future FCC filings. Each headend must obtain an individual NCID. Follow this link to read about AFN and Form 321.

Following the adoption of the Inside Home Wiring Rules, released October 17, 1997, the Commission decided to apply the cable signal leakage rules to all non-cable Multichannel Video Programming Distributors that pose a similar threat of interference with frequencies used for over-the-air communications. The affected MVPDs and rule sections are:

According to Section 76.614 a Non-cable MVPD utilizing aeronautical frequencies must conduct measurements of its signal leakage. once every three months. A Basic Signal Leakage Performance Report(CLI Report), FCC Form 320, which demonstrates the results of its test, must be filed with the FCC using COALS electronic system each calendar year in accordance with 47 C.F.R. Section 76.1803.

Relief for Small Non-cable MVPDs

A limited exemption to the annual reporting requirement of 47 CFR Section 76.1803 of the Commission's rules applies to non-cable MVPDs with less than 1000 subscribers and less than 1000 units (see 47 CFR section 76.610) This exemption reduces the regulatory burden on small entities without affecting enforcement of the Commission's signal leakage rules. While these systems do not need to report, they must continue regular monitoring for signal leakage.

If you have been contacted by FCC staff by phone or by letter regarding a registration, aeronautical frequency notification, basic signal leakage performance report (CLI) or CARS application requesting more information, unless otherwise directed, please send all requested information to the address below with the reference number and the name of the person requesting the information for faster processing.

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